204 Assembly Proceedings, November 16— December 23, 1773.

Liber R. G.
1773

House of the County wherein the Defendant or Defendants did
last reside before his her or their absconding as aforesaid and if the
Defendant or Defendants do not appear within the Time limited by
such Order or within such further Time as the Court shall appoint
then on Proof made of such Publication of such Order the Court
being satisfied of the Truth thereof may order the Bill of the
Plaintiff or Plaintiffs to be taken pro confesso and make such
Decree thereupon as shall be thought just and may thereupon issue
Process to compel the Performance of such Decree either by an
immediate Sequestration of the real and Personal Estate and Effects
of the Party or Parties so absenting (if any such can be found)
or such Part thereof as may be sufficient to satisfy the Demands of
the Plaintiff or Plaintiffs in the said suit or by causing Possession
of the Estate or Effects demanded by the Bill to be delivered to the
Plaintiff or Plaintiffs or otherwise as the Nature of the Case shall
require and the said Court may likewise order such Plaintiff or
Plaintiffs to be paid and satisfied his her or their Demands out of
the Estate or Effects so sequestered according to the true Intent
and Meaning of such Decree such Plaintiff or Plaintiffs first giving
sufficient. Security in such Sum as the Court shall think proper to

abide such Order touching the Restitution of such Estate or Effects
as the Courts shall think proper to make concerning the same upon
the Appearance of the Defendant or Defendants to defend such
Suit and paying such Costs to the Plaintiff or Plaintiffs as the
Courts shall order

[Proviso, in
Case of
absconding
Persons,
&c.]

Provided always that if any Decree shall be made in pursuance
of this Act against any Person or Persons being out of this Province
or absconding in Manner aforesaid at the Time such Decree is pro-
nounced and such Person or Persons shall within two Years after
making such Decree return or become publickly visible then and in
such Case he she or they shall likewise be served with a Copy of
such Decree within a reasonable Time after His Her or Their
return or public Appearance shall be known to the Plaintiff or Plain-
tiffs and in Case any Defendants against whom such Decree shall
be made shall within two Years after making such Decree happen

p. 245

to die before his or her Return into this Province or appearing
openly as aforesaid then his or her Heir if such Defendant shall
have any real Estate sequestered or whereof Possession shall have
been delivered to the Plaintiff or Plaintiffs and such Heir may be
found or if such Heir shall be a Feme Covert Infant or non compos
Mentis the Husband Guardian or Committee of such Heir respec-
tively or if the Personal Estate of such Defendant be sequestered or
Possession thereof delivered to the Plaintiff or Plaintiffs then his or
her Executor or Administrator (if any such there be) may and
shall be served with a Copy of such Decree within a reasonable
time after it shall be known to the Plaintiff or Plaintiffs that at the